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Terms of service

Terms and Conditions WOOFIO

Table of Contents:

  • Article 1 - Definitions

  • Article 2 - Identity of the Entrepreneur

  • Article 3 - Applicability

  • Article 4 - The Offer

  • Article 5 - The Agreement

  • Article 6 - Right of Withdrawal

  • Article 7 - Costs in Case of Withdrawal

  • Article 8 - Exclusion of the Right of Withdrawal

  • Article 9 - The Price

  • Article 10 - Conformity and Warranty

  • Article 11 - Delivery and Execution

  • Article 12 - Payment

  • Article 13 - Complaints Procedure

  • Article 14 - Disputes

  • Article 15 - Additional or Different Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them, in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in if they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services without the simultaneous physical presence of the entrepreneur and consumer, using exclusively one or more means of distance communication;
Means of distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same place.
Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

WOOFIO
Chamber of Commerce (KvK): 93934513
Hoge Akker 9,
5671 LR, Nuenen, Netherlands
Email address: info@woofio.nl

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these terms and conditions can be provided electronically in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always rely on the most favorable provision for them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall remain in force, and the void or annulled provision shall be replaced in mutual consultation by a provision that approximates the purpose and intent of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • the price including taxes;

  • any shipping costs;

  • the manner in which the agreement will be concluded and which actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • the rate for distance communication if the cost of using the technology for distance communication is calculated on a different basis than the regular base rate for the used means of communication;

  • whether the agreement is archived after its conclusion, and if so, how the consumer can consult it;

  • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them under the agreement;

  • any other languages in which the agreement can be concluded besides Dutch;

  • the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes of conduct electronically; and

  • the minimum duration of the distance agreement in case of a long-term transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or application with justification or to attach special conditions to the execution.
The entrepreneur shall send the following information to the consumer, in writing or in such a way that it can be stored in an accessible manner on a durable data carrier:

  • the business address of the entrepreneur for complaints;

  • the conditions and method of exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • information about guarantees and existing after-sales service;

  • the information referred to in Article 4 paragraph 3, unless the entrepreneur has already provided this information before the execution of the agreement;

  • the conditions for terminating the agreement if it has a duration of more than one year or is indefinite.
    In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
    Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For product delivery:
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a previously designated third party.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all accessories, in the original condition and packaging, according to the provided reasonable and clear instructions.
If the consumer wishes to make use of their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product, using the model form. After this notification, the consumer must return the product within 14 days. The consumer must prove that the returned goods were sent on time, for example with proof of shipment.
If the consumer has not notified the entrepreneur within the stated terms or has not returned the product, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, only the direct costs of return are at their expense.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible but no later than 14 days after withdrawal, provided the product has been received back or sufficient proof of return is presented.
The refund shall be made using the same payment method the consumer used, unless the consumer explicitly agrees to a different method.
In case of product damage due to careless handling, the consumer is liable for any depreciation.
The consumer is not liable for any depreciation if the entrepreneur failed to provide all legally required information about the right of withdrawal before the agreement was concluded.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, provided that this was clearly stated before concluding the agreement.
Exclusion is only possible for products:

  • made according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the above, the entrepreneur may offer products or services with variable prices, if they are subject to fluctuations in the financial market beyond the entrepreneur’s control. This will be stated in the offer.
Price increases more than 3 months after the agreement was concluded are only permitted if:

  • they result from statutory regulations or provisions; or

  • the consumer is authorized to terminate the agreement on the date the price increase takes effect.
    The prices mentioned in the offer include VAT.
    All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. The entrepreneur is not obliged to deliver the product at an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable usability requirements, and legal provisions existing at the time of the agreement.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights under the agreement.
Defects or incorrectly delivered products must be reported in writing within 2 months of delivery. Products must be returned in original packaging and in new condition.
The entrepreneur’s warranty period is equal to the manufacturer’s warranty. The entrepreneur is not responsible for the suitability of the product for each individual use nor for any advice regarding usage.
The warranty is void if:

  • the consumer has repaired and/or modified the product or had it done by third parties;

  • the products were exposed to abnormal conditions or handled carelessly or contrary to instructions;

  • the defect is due to government regulations concerning the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest care in receiving and executing product orders and assessing service requests.
The delivery address is the address provided by the consumer.
The entrepreneur shall execute accepted orders with due speed but within 30 days unless a longer delivery term was agreed. If the delivery is delayed or cannot be completed, the consumer will be informed within 30 days. The consumer then has the right to dissolve the agreement without costs.
All delivery terms are indicative. The consumer cannot derive rights from any term mentioned. Exceeding a term does not entitle the consumer to compensation.
Upon dissolution, the entrepreneur will refund any amounts paid within 14 days.
If delivery of an ordered product proves impossible, a replacement item will be offered. This will be communicated clearly. The right of withdrawal cannot be excluded for replacement items.
The risk of damage and/or loss lies with the entrepreneur until the product is delivered to the consumer or a designated representative.

Article 12 – Payment

Unless otherwise agreed, amounts due must be paid within 7 working days from the start of the cooling-off period referred to in Article 6(1). For service contracts, the period starts after the consumer receives confirmation.
The consumer is obliged to immediately report inaccuracies in payment data provided or stated.
In case of default by the consumer, the entrepreneur has the right to charge reasonable costs made known in advance.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with it.
Complaints must be submitted clearly and completely within 2 months of discovering the issue.
Complaints will be answered within 14 days. If more time is needed, the consumer will be notified within that period with an expected resolution timeframe.
If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the disputes procedure.
Consumers must first turn to the entrepreneur. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If the complaint is justified, the entrepreneur will replace or repair the delivered products at no charge.

Article 14 – Disputes

Only Dutch law applies to agreements between the entrepreneur and consumer to which these general terms and conditions relate, even if the consumer lives abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 15 – Additional or Different Provisions

Additional provisions or deviations from these general terms and conditions must not disadvantage the consumer and must be recorded in writing or stored in an accessible way on a durable data carrier.

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